Overstay.

[dddave]

21 hours ago, bbko said:

Was he being treated for his Stage 3 here in Thailand? 

Yes, at a small, private hospital run by friends who are giving him a huge break on costs.

[BritTim]

1 hour ago, Outbackoz said:

As mentioned in previous responses his best bet at this point in time is to contact a reputable  immigration lawyer to explore exactly what options are available and how best to deal with his current circumstance. The downside risk being once the issue is raised with immigration the clock will be literally ticking as to future outcomes. Would suggest whatever decision he arrives at in dealing with this issue he keeps his passport handy and the contact details of an immigration lawyer along with the phone number for Consular Section at the Australian Embassy. I can only wish the best for his future prognosis in dealing with this insidious disease      

I endorse your advice to have key phone numbers available in case the worst happens.

 

For the rest, someone who is broke wasting money on an immigration lawyer is pointless at this time. His options are quite clear:

1. Spend very large sums to get yourself out of trouble. For this, a lawyer/agent to act as an intermediary would be almost essential. However, it is clear that he lacks the resources to avail himself of this option.
2. Go directly to the airport and fly out of Thailand, paying the 20,000 baht fine and accepting the ban from returning to Thailand. His health, finances and lack of a clear destination make this a non starter also. There would be no point hiring a lawyer to do this.
3. Stay under the radar while trying to treat the cancer. The last thing you want to do under those circumstances is engage a lawyer and contact immigration.

Should treatment for the cancer result in a remission, he can then try to make plans for the future. For the moment, hiding from the authorities and hoping for the best is his least bad option. 

[Chris.B]

13 hours ago, The Hammer2021 said:

I would like to think his medical condition will generate extenuating circumstances

You think Immigration will show compassion? 

[dddave]

17 hours ago, asiam110 said:

In for a penny in for a pound, no point panicking now if already on 1yr+ overstay, he might as well stay under the radar now, and focus on his treatment and recovery,  hopefully hospital is oblivious to it - presume government hospital and somehow paying for it so they're unlikely to make a fuss.. When he does recover though he'll have to make a choice of continuing under the radar (with that risk over your head from rest of life) or leaving thailand with a ban..  Hope your friend gets better..

The lawyer idea I doubt is feasible if destitute. They don't work probono in Thailand

Big problem is finding a place to live.  No landlord want's to rent to an overstay..nasty legal consequences.  Same for a Thai citizen renting under their name. 

At one time, one could live here indefinitely under the radar if careful.  No longer. 

[In Full Agreement]

22 hours ago, jackdd said:

So if your friend didn't apply for them he is on overstay, and will be banned once he leaves Thailand.

 

Based on the OP I'm sorry to say it sounds like he may be in Thailand permanently.

 

 

[asiam110]

15 minutes ago, dddave said:

Big problem is finding a place to live.  No landlord want's to rent to an overstay..nasty legal consequences.  Same for a Thai citizen renting under their name. 

At one time, one could live here indefinitely under the radar if careful.  No longer. 

In a Bangkok condo sure or on the souther islands sure, but out in issan in a village, or even somewhere like nimman in Chiang Mai (doesnt have to be in middle of nowhere - just stay away from main laces), most aren't going to know or care what their obligations are as landlord are, what a TM30 is or care about a passport copy is. Even HuaHin I'd say you;d have no problem find a thai landlord that would be happy to accept cash and doesnt want to deal with formalities

Edited November 10, 2021 by asiam110

[Mac Mickmanus]

6 minutes ago, asiam110 said:

In a Bangkok condo sure or on the souther islands sure, but out in issan in a village, or even somewhere like nimman in Chiang Mai (doesnt have to be in middle of nowhere - just stay away from main laces), most aren't going to know or care what their obligations are as landlord are, what a TM30 is or care about a passport copy is.

You must be unaware of all the places that got closed down and fined for ignoring the rules about accommodation   

[jackdd]

16 minutes ago, Mac Mickmanus said:

You must be unaware of all the places that got closed down and fined for ignoring the rules about accommodation   

You probably don't have much experience renting condos or houses. Only once did I have an agent who was serious about doing the TM30 and thus asked for my permission of stay data.

In all other cases, nobody cared, a copy of the ID page of my passport was good enough for them, and if I hadn't done the TM30 nobody would have.

Really no problem to rent something when on overstay.

Edited November 10, 2021 by jackdd

[Mac Mickmanus]

2 minutes ago, jackdd said:

You probably don't have much experience renting condos or houses. Only once did I have an agent who was serious about doing the TM30 and thus asked for my permission of stay data.

In all other cases, nobody cared, a copy of the ID page of my passport was good enough for them, and if I hadn't done the TM30 nobody would have.

Really no problem to rent something when on overstay.

How many houses/Condos have you rented out in Chiang Mai  the last few years ?

[jackdd]

10 minutes ago, Mac Mickmanus said:

How many houses/Condos have you rented out in Chiang Mai  the last few years ?

Three, over the last 2.5 years.

[ChipButty]

Where is he living now? house or condo

[WhiteBuffaloATM]

Immi will treat him most favourably I believe. Immi wont want the bad publicity from treating a dying foreigner badly. they cant in any way jail (sick), fine (broke), deport ( expensive for Immi) or ban ( bad publicity) him. but yes he needs to declare and secure these Immi written concessions via (free ?) lawyer, perhaps lawyer suggested by his Embassy.

 

Know one complex Immi case with expired passport  from failed state unrenewable except by return there but covid & safety restraints so Immi aware but just turned a “blind eye” leaving the guy staying here indefinitely.

[BritTim]

10 hours ago, WhiteBuffaloATM said:

Immi will treat him most favourably I believe. Immi wont want the bad publicity from treating a dying foreigner badly. they cant in any way jail (sick), fine (broke), deport ( expensive for Immi) or ban ( bad publicity) him. but yes he needs to declare and secure these Immi written concessions via (free ?) lawyer, perhaps lawyer suggested by his Embassy.

 

Know one complex Immi case with expired passport  from failed state unrenewable except by return there but covid & safety restraints so Immi aware but just turned a “blind eye” leaving the guy staying here indefinitely.

Up country, there is a pretty good chance of immigration turning a blind eye in situations like this. However, there is a better chance that they will do so if they can claim ignorance of the situation. Once they are actually informed formally of the long overstay, if they fail to act, their own jobs can be at risk. They are almost obliged to involve senior officials, and very bad things are liable to happen. At this point, even if caught later, his situation will be no worse than if he volunteers his illegal status now.

[OJAS]

7 hours ago, BritTim said:

Up country, there is a pretty good chance of immigration turning a blind eye in situations like this. However, there is a better chance that they will do so if they can claim ignorance of the situation. Once they are actually informed formally of the long overstay, if they fail to act, their own jobs can be at risk. They are almost obliged to involve senior officials, and very bad things are liable to happen. At this point, even if caught later, his situation will be no worse than if he volunteers his illegal status now.

I distinctly recall a report on here of my local office turning a blind eye in similar circumstances. However this strikes me as an inherently risky strategy from the overstayer's viewpoint as well in that, in the event of a subsequent regime change at their office, the incoming head honcho might not turn out to be quite so sympathetic to their plight (assuming that they were in an identical situation to the OP's pal) for precisely the reasons which you have mentioned.

Edited November 11, 2021 by OJAS

[BritTim]

2 hours ago, OJAS said:

I distinctly recall a report on here of my local office turning a blind eye in similar circumstances. However this strikes me as an inherently risky strategy from the overstayer's viewpoint as well in that, in the event of a subsequent regime change at their office, the incoming head honcho might not turn out to be quite so sympathetic to their plight (assuming that they were in an identical situation to the OP's pal) for precisely the reasons which you have mentioned.

At this point, the OP has no good options, and it is delusional to believe that he has.

 

If immigration become aware of his situation, he must just pray that they choose to take no action. Best, and a realistic possibility in Bangkok where he is not glaringly visible, is if he can successfully hide from the authorities. He needs accommodation where (i) the owner is uninterested in his immigration status, and will not bother with TM30 notifications (such owners absolutely do exist); and (ii) a small building where random raids by immigration officials looking for illegal migrant workers is very unlikely. There is no guarantee that his attempts to remain hidden will be successful, but his chances are fairly good, and he will not be worse off if he is discovered later.

[dddave]

Thanks to all those that contributed helpful suggestions and comments.

 

The subject of this topic has decided that the only viable option he has is to return to the US. 

He is fortunate to have a wide circle of friends both here in Thailand and the US who have contributed to make his return to the US possible.  He has been guaranteed a place to stay and will be in a state with a decent public health care structure.